Blog by an experienced Divorce and Family Law Attorney to educate people with Family Law and Divorce issues, answering questions and explaining complicated matters in a straightforward and understandable way. This blog is a Newsletter, designed for general information only. The information presented in this blog is not, is not intended to be, and shall not be construed to constitute legal advice, nor to create an attorney-client relationship.

Wednesday, December 10, 2014

HOW AND WHEN CAN I GET CHILD AND SPOUSAL SUPPORT?

QUESTION: My
husband of 18 years abandoned me and my 16 yr old son 11 months ago, leaving us
homeless without any funds. How can I
get an order for child support and spousal support? He is working, but he says he is not giving
us any money and he refuses to provide me any information on his employment, medical
insurance, etc. When should my son and I
receive any money from him, if at all?
Can we get back support from the day he left?

MY ANSWER: You
should try to find an experienced Family Law Attorney to represent yourself as
soon as possible, and if unable to retain one, go to the Superior Court's
self-help clinic for assistance by a volunteer attorney to file and get a
divorce case and an Order to Show Cause for child custody, spousal support, and
attorney's fees served on your husband. Regarding
"back support, you cannot get child support retroactive to a date prior to
the date you file your divorce case, and you cannot get spousal support
retroactive to a date prior to the date you file your Request for Order seeking spousal support.
There is no more time to lose. File and serve a divorce case and a Request for
Order for Child and Spousal Support, without delay. The Court sets hearings on Requests for
Orders between 1 and 3 months after filing.
You should receive an Order for Child and Spousal Support approximately
ten days after the hearing.